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Seller Financing Addendum Template for Australia

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Key Requirements PROMPT example:

Seller Financing Addendum

"I need a Seller Financing Addendum for a commercial property sale in Melbourne, where I'm offering vendor financing of $2.5M over 10 years with a 7.5% interest rate, with quarterly payments starting March 2025."

Document background
The Seller Financing Addendum is utilized in Australian property transactions where traditional bank financing is either not preferred or not available. This document is particularly relevant in situations where sellers are willing to act as financiers, offering more flexible terms than traditional lenders. It must comply with the National Consumer Credit Protection Act 2009 and relevant state property laws. The addendum typically includes detailed financing terms, security arrangements, payment schedules, and default provisions. It's commonly used in both residential and commercial property transactions, particularly in situations involving owner-financing, property development, or when buyers seek alternative financing options. The document must be carefully drafted to ensure it meets all regulatory requirements while protecting both parties' interests.
Suggested Sections

1. Parties: Identifies the seller-financier and buyer-borrower with full legal names and addresses

2. Background: References the main sale agreement and explains the context of seller financing arrangement

3. Definitions: Defines key terms including Principal Amount, Interest Rate, Payment Terms, Security, and Default

4. Relationship to Purchase Agreement: Establishes how this addendum relates to and modifies the main purchase agreement

5. Loan Terms: Details the principal amount, interest rate, payment schedule, and term of the seller financing

6. Security and Collateral: Specifies the security arrangements, including any mortgage or charge over the property

7. Payment Terms: Detailed payment provisions including payment methods, due dates, and application of payments

8. Default and Remedies: Defines events of default and outlines the seller's remedies in case of default

9. Representations and Warranties: Standard representations by both parties regarding capacity and authority

10. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Prepayment Provisions: Include when early payment options are allowed, specifying any penalties or benefits

2. Insurance Requirements: Include when specific insurance coverage is required to protect the seller's interest

3. Due on Sale Clause: Include when the seller wants the loan to become immediately due if the property is sold

4. Subordination Provisions: Include when the seller financing may need to be subordinated to other financing

5. Personal Guarantee: Include when additional personal guarantees are required from business entities

6. Cross-Collateralization: Include when multiple properties or assets are used as security

7. Tax and Insurance Escrow: Include when monthly escrow payments for taxes and insurance are required

Suggested Schedules

1. Payment Schedule: Detailed amortization schedule showing payment dates, amounts, and principal/interest breakdown

2. Property Description: Legal description of the property being financed

3. Security Documents: Forms of security documents including mortgage or charge documents

4. Calculation of Interest: Detailed explanation of interest calculation methods and examples

5. Direct Debit Authority: Form for automatic payment arrangements if applicable

6. Condition Report: Current condition of the property serving as security

7. Insurance Requirements: Detailed specifications of required insurance coverage

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Financial Services

Property Development

Construction

Legal Services

Banking

Investment Services

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Property Management

Credit Assessment

Document Administration

Commercial Banking

Business Development

Relevant Roles

Property Lawyer

Real Estate Agent

Property Developer

Financial Advisor

Mortgage Broker

Conveyancing Manager

Credit Manager

Legal Counsel

Contract Administrator

Real Estate Transaction Manager

Property Finance Specialist

Compliance Officer

Risk Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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